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ANDREWS v. HOLLY TP.

No. 01-74433.

216 F.Supp.2d 678 (2002)

Michael S. ANDREWS and Brenda S.L. Andrews, husband and wife, Plaintiffs, v. HOLLY TOWNSHIP, Defendant.

United States District Court, E.D. Michigan, Southern Division.

August 21, 2002.

Attorney(s) appearing for the Case

Sidney M. Berman, Arthur A. LeVasseur, Delmas A. Szura, Fischer, Franklin, Detroit, MI, for Michael S. Andrews, Brenda S.L. Andrews.

James E. Tamm, O'Connor, DeGrazia, Bloomfield Hills, MI, for George Barton, Dale M. Smith, Township of Holly.

Barbara A. Schmidt, Michigan Department of Attorney General, Natural Resources Division, Lansing, MI, for K. L. Cool.

MEMORANDUM AND ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE

COHN, District Judge.

I. Introduction

This is a property rights case. Plaintiffs Michael Andrews and Brenda Andrews (the Andrews) own property on Marl Lake, a private lake1 in defendant Holly Township.2 The Andrews claim that the adoption of Holly Township Ordinance No. 72 (the "no wake ordinance") (attached as Exhibit A...

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